Can you refuse a breathalyzer test at a DUI checkpoint this New Year’s? Here’s Kansas law

By Lindsay Smith – The Wichita Eagle (TNS)

Dec. 30—Have you ever been pulled over and asked to take a sobriety test?

That can happen at DUI checkpoints, when drivers are randomly pulled over and tested for alcohol or drugs. These checkpoints are usually done during the weekends or holidays to keep as many drunk drivers off the road as possible.

While the practice of DUI checkpoints are illegal in 12 states, Kansas is one of the states that allow the practice. Sobriety tests can include officers asking participants to walk in a line, count to a specific number, touch their finger to their nose and more.

A common part of a sobriety test is breathing into a breathalyzer, which can detect a driver’s blood alcohol volume. Kansas law makes it illegal to drive with a blood alcohol content measuring 0.08 and higher. Drivers under the age of 21 can be charged if they have a blood alcohol content of 0.02 and higher.

The Sedgwick County Sheriff’s Office recently said that its officers are joining the statewide effort to up DUI enforcement through Jan 2.

“Law enforcement officers will be out in greater numbers, working to remove impaired drivers from the road and ensure a safe holiday for all,” the press release says.

Can you refuse a breathalyzer in Kansas?

So if you get pulled over this New Year’s Eve at DUI checkpoint, are you within your rights to refuse a breathalyzer test?

While a 2019 law change makes it so that drivers cannot be charged with a crime for refusing any sobriety test on Kansas roads, drivers can still face a year-long license suspension.

Drivers who refused a sobriety test can still be convicted of driving under the influence based on other evidence.

However, you are well within your rights to say no if a police officer asks to search your car. But if the officer has the proper evidence that you car needs to be searched, they can search without your consent.

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